Welcome to the National Labor Relations Board!

The NLRB is a Federal agency that administers the National Labor Relations Act by:

• oInvestigating and remedying unfair labor practices by employers and unions.
• Conducting elections to determine whether or not employees want union representation.

This Section will specifically provide information on filing Unfair Labor Practice Charges and Representation Petitions before the Board, and will provide some details about preliminary investigative processes in these areas.

… How to Get the Ball Rolling!

PART A. UNFAIR LABOR PRACTICE PROCEEDINGS

1.) The Scenario

You have a client who believes he or she has been hurt by:

A). a Union - because, as an example, the Union has engaged in questionable picketing at an Employer site, the Union has failed to ratify a contract as it represented at bargaining to the Employer, or perhaps the Union has failed to represent an employee in a grievance proceeding, among other things.

OR

B.) an Employer - because, as an example, the Employer had terminated the Employee due to Union activity, the Employer has engaged in bad faith (surface) bargaining at the negotiation table, or perhaps the Employer had unilaterally changed terms and conditions of employment covered in a collective bargaining agreement, among other things.

2.) Questions:

Where do you go? What do you do? How do you get started?

Except for Excerpts of National Labor Relations Board Manuals, Rules and Regulations, the National Labor Relations Act, and NLRB FORMs, this paper was prepared by Elicia Watts, Esq., Senior Attorney, Office of Appeals, NLRB, Former Trial Specialist in Region 5, NLRB, Washington D.C. Aug. 1997-April 2005. This paper is prepared for presentation at the 2005 National Bar Association Convention in Orlando, Florida. While the contents are believed to be correct as of June 13, 2005, the guidance provided is not official and the National Labor Relations Board is not bound by or responsible for this information. Any views expressed are solely those of the author.

3.) Answer:

You turn to the investigative powers and remedies of the National Labor Relations Board available under The National Labor Relations Act. You specifically file an Unfair Labor Practice Charge against the alleged wrongdoer to get an investigation started. That Charge must be filed with a Regional Office of the NLRB.

4.) The Charges:

In an Unfair Labor Practice proceeding, there are two charges that a party may file:

Charge Against Employer or Charge Against Labor Organization: